DUI Attorney Gilbert, AZ
If you were arrested on suspicion of drunk driving in or around Gilbert, AZ, you’re likely worried about what will happen next. Arizona DUI laws have a reputation for being stricter than most other states, as you can get jail time even for a first offense. You’ll also likely temporarily lose your driving privileges and owe thousands of dollars in fines if you’re convicted of this crime.
The truth is that you’re right to be concerned about your Gilbert DUI charges since the penalties for a DUI conviction are harsh. However, you shouldn’t lose hope, because getting legal representation from a Gilbert DUI defense attorney will give you a chance to get the best possible results for your case.
Experienced Gilbert DUI lawyers have the legal education and resources to get your DUI case dismissed, charges reduced, or a not-guilty verdict if it goes to trial. If you’re interested in working toward any of these outcomes, contact The Turner Law Firm PLLC to speak with a skilled Gilbert DUI lawyer who is ready to aggressively defend you in court.
What Are the DUI Laws in Arizona?
Before you prepare to fight your Gilbert DUI charges, it’s important to know why you were arrested for this crime based on Arizona DUI laws. This is especially crucial if you know you were not driving while impaired like the Gilbert Police Department has alleged.
Fortunately, a skilled DUI lawyer in Gilbert, AZ can help with your criminal defense case if you want to prove that your DUI charges are inaccurate, so contact our law office if you’re ready to get legal support with your case.
Like nearly all other states, Arizona law says that it’s illegal to operate a vehicle when your blood alcohol concentration (BAC) is 0.08% or higher. That being said, in some situations, you can be charged with this criminal offense even if your BAC is lower than 0.08%.
For example, if a police officer observes possible intoxicated behavior as you drive around Gilbert, AZ, they can pull you over and request to test your BAC. If your breath or blood test results show you have alcohol in your system – even if your BAC is under 0.08% – you can still be arrested for DUI in Gilbert as long as there’s evidence that your driving was negatively affected by the alcohol.
Similarly, if you’re a commercial truck driver, you could get a DUI for a BAC of 0.04% or higher, as drivers of large vehicles are held to higher standards than drivers of passenger cars. Drivers under the age of 21 also face stricter laws regarding alcohol, as they can get a DUI if their BAC is above 0.0%.
Another essential fact to know is that you could face DUI criminal charges in this state even if you were not driving just prior to your DUI arrest. So, if you pulled over to the side of the road or in a parking lot to sleep in the front seat of your car, you could be arrested for DUI if the police believe there was a chance you were driving before they arrived or planned to drive soon.
Whether the keys were in the ignition or simply within reach while you were intoxicated, you may be subject to criminal charges for driving under the influence.
If you don’t believe your DUI arrest was fair and want to fight your charges, we urge you to call our criminal law office in Gilbert, AZ. Our legal team has experience defending clients in the local Gilbert DUI courts, including Gilbert Municipal Court, Highland Justice DUI Court, and Maricopa County Superior Court.
In general, the location of your DUI arrest will determine which Gilbert DUI courts are involved in your case, so we’re proud to say we can confidently represent you in any local court. If you’re unsure whether your case will be handled by the Highland Justice Court, Gilbert Municipal Court, or other local courts, call our Gilbert, AZ law office to discuss the legal details with an experienced criminal defense lawyer.
What Are the Types of DUI Charges in Arizona?
Arizona law divides DUI offenses into three levels based on your blood alcohol concentration (BAC). In general, the higher your BAC is at the time of your arrest, the more severe your DUI level will be. This usually translates to harsher criminal consequences for a DUI conviction.
Your legal paperwork from the arrest should state your BAC so you’re aware of the type of DUI charge you’re facing, but if you’re not sure, you should contact an AZ DUI lawyer in Gilbert for answers. The following are the DUI levels in this state and the typical penalties that go along with them:
Regular DUI
If your BAC is between 0.08% and .149%, your charge will be a regular DUI. If it’s your first DUI, you’ll typically face 10 days in jail, a $1,500 fine, and driver’s license suspension for 90 days.
You might also be required to use an ignition interlock device on your car for one year, which means you will have to pay to install a system that tests for alcohol on your breath before you can start your car. In addition, you might be ordered to perform a certain number of hours of community service and alcohol treatment courses.
If this is your second or third DUI in Arizona, your jail time, fines, license suspension period, and other penalties will increase. Either way, it’s best to talk to a Gilbert DUI lawyer for help getting your charges dropped or reduced in the local Gilbert municipal DUI courts.
Extreme DUI
If your BAC was between 0.15% and 0.199% when you were arrested in Gilbert, AZ, you could be charged with an extreme DUI. Since this means your BAC was double the legal limit, you should expect the penalties to be worse than with a regular DUI.
The penalties of an extreme DUI can include 30 days in jail, $2,500 in fines, and driver’s license suspension for 90 days. You will also likely need an ignition interlock device on your car for one year, along with alcohol treatment.
If this isn’t your first DUI offense, your jail time and fines could increase. A skilled DUI defense attorney serving Gilbert, AZ can let you know what criminal penalties to expect if you’re charged with an extreme DUI, so call our law office today to learn more.
Super Extreme DUI
If your BAC was 0.20% or higher when you were arrested, you will likely be charged with Super Extreme DUI. As a result of this particularly high BAC, your penalties could include at least 45 days in jail, over $3,000 in fines, and the loss of your driving privileges for 90 days.
You will likely also have to pay to install an ignition interlock device that you will need to use for 18 months in order to drive your car after a DUI conviction. Many Gilbert DUI cases at this level require mandatory alcohol counseling, as well.
If this is your second offense of this kind, your jail time will be upgraded to 180 days, with fines reaching up to nearly $5,000. Your license would be revoked for one year and you’d need the ignition interlock device for two years, along with 30 hours of community service. In short, your penalties will increase by quite a bit if you have a prior DUI conviction on your record.
If you’re hoping to avoid the penalties of a first or second Gilbert DUI conviction, contact our criminal defense law firm today to learn your legal options. Though facing DUI charges can be scary – especially in a state that’s known for its harsh DUI penalties – having a skilled Gilbert DUI attorney by your side throughout your case can make it easier.
Our DUI defense attorneys are well-versed in Arizona DUI laws and familiar with both the Gilbert City Court and Highland Justice Court, so you can count on us to confidently handle your DUI charges.
When Is a DUI a Felony in Arizona?
Most Gilbert DUI cases are charged as misdemeanors unless there are certain aggravating factors that rise to the felony level. In particular, a first or second DUI offense in this state is typically a misdemeanor DUI charge, whether it’s a regular, Extreme, or Super Extreme DUI. However, there are situations where a DUI is charged as a felony due to aggravating factors.
The following actions can result in an aggravated DUI in Arizona, resulting in a felony charge:
- You’re charged with your third DUI in seven years
- You’re arrested for a DUI while driving on a revoked or suspended driver’s license
- Your BAC is at or above 0.08% while driving with a minor under age 15 in the car
- You’re arrested for driving on the wrong side of the highway while intoxicated
- You were required to install an ignition interlock device on your car but were caught driving drunk without one
Most of these illegal actions can result in a Class 4 felony aggravated DUI charges. The punishment for this crime includes four months to two years in prison, $2,500 in fines, mandatory alcohol treatment, and driver’s license suspension. Once you get your license back, you will likely have to install an ignition interlock device on your car for two years.
The additional consequences of a felony aggravated DUI stem from having a felony on your criminal record. Even after you’re done serving your time in prison and paying off fines, you might face the stigma of a felony conviction any time you have to undergo a background check for a job, rental home, or other purposes.
You might also lose certain professional licenses you need for your career, as well as legal rights that include the chance to vote, buy a gun, serve on a jury, or run for political office.
If you’re worried about the penalties associated with a felony aggravated DUI conviction, you should talk to a Gilbert DUI attorney who will work hard to defend you from serious charges. Our Gilbert DUI team has handled countless cases involving the Gilbert Police Department, the Highland Justice Court, and the Gilbert Municipal Court.
When you contact our law office to hire a trusted Gilbert DUI attorney, you can rest assured we’ll do everything possible to get you a favorable outcome for your DUI case, whether that means getting the case dismissed or negotiating felony DUI charges down to misdemeanor DUI charges. Call our Gilbert, AZ law office today to learn more about how an experienced attorney can help you.
How Can Gilbert DUI Lawyers Help with Your DUI Case?
Being accused of driving under the influence of alcohol can feel scary and even unjust if you don’t believe you’re guilty as charged. Fortunately, there are ways to fight back within the criminal justice system, but you must have an experienced DUI lawyer assisting with your DUI case if you want the best chance of a successful outcome. This means hiring a criminal defense lawyer who has years of experience defending clients from alcohol and drug-related DUI charges in Arizona.
When you contact The Turner Law Firm PLLC to discuss your Gilbert DUI defense case, you’ll speak with a team of criminal defense lawyers who have protected countless clients from serious charges and can do the same for you.
Our criminal defense attorneys have successfully handled enough DUI defense cases that they know how to quickly and effectively strategize a suitable defense angle for every new DUI case they take on.
Some of the most common DUI defense strategies that a DUI lawyer can use on your behalf include:
- You didn’t have actual physical control of your vehicle when the police arrived at the scene
- You were not the driver of the car and were mistakenly identified as such
- The police incorrectly administered or interpreted the field sobriety tests
- The results of the breath or blood tests are inaccurate due to administration or storage issues
- The police violated your legal rights during and after the arrest, as they did not have reasonable suspicion that you were driving while drunk or ignored your right to contact an experienced criminal defense attorney after being arrested
These are only some of the DUI defense angles that a seasoned DUI lawyer might consider for your case before defending you. Since every situation is unique, a skilled Gilbert DUI attorney will thoroughly discuss the details of your DUI case with you prior to determining how to approach it when going up against the Gilbert DUI prosecutor in court.
In most cases, your DUI attorney will start the case by listening to your explanation of events, after which they will investigate the details by requesting police reports, reviewing lab results, and carefully considering other evidence, such as photos and video footage.
The goal of your DUI defense lawyer is to make it extremely difficult for the Gilbert DUI prosecutor to prove beyond a reasonable doubt that you were operating your vehicle with a BAC of 0.08% or higher.
If your Gilbert DUI defense lawyer can’t prove this, they might focus on pointing out issues with how the case was handled, such as the arresting police officer violating your rights in some way. Depending on the details of the case, they might choose to negotiate with the prosecutor, which usually includes a plea bargain to reduce the charges and penalties.
So, if you’re facing a Class 6 felony aggravated DUI in Gilbert, your lawyer might be able to bring it down to a misdemeanor by negotiating in court. Similarly, if you’re charged with an Extreme DUI in Gilbert, your lawyer might be able to negotiate it down to a standard DUI, reducing the criminal penalties.
Experienced DUI lawyers know how to use their legal knowledge and familiarity with the local courts to get the best possible results for clients charged with DUI in Gilbert, AZ. If you’re worried about the consequences you’ll get for pleading guilty to this charge, you should talk to a dedicated criminal defense attorney Gilbert before you make any decisions regarding your case.
You might be surprised to learn how much of a difference a trusted lawyer can make when protecting you from allegations of serious criminal offenses. Call our law office at 480-568-5590 to speak with Gilbert DUI lawyers today.